Journal of Law, Poliitic and Humanities
Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities

Reconstruction of the Legal Protection Model For Children as Perpetrators of Criminal Acts Based on Restorative Justice in the Juvenile Justice System in Indonesia

Muthia Hilmi Zakiya (Batam Internasional University, Indonesia)
Abdurrakhman Alhakim (Batam Internasional University, Indonesia)
Tantimin (Batam Internasional University, Indonesia)



Article Info

Publish Date
06 Oct 2026

Abstract

The increasing number of children involved in criminal offenses highlights the urgency of comprehensive legal protection for children in conflict with the law (CICL), particularly those who serve as perpetrators of criminal acts. This study aims to analyze the forms of legal protection for children as perpetrators of criminal acts within Indonesia's juvenile criminal justice system, as well as to formulate an ideal legal protection model based on restorative justice that aligns with the principle of the best interests of the child. This study employs a normative juridical method with statutory and conceptual approaches, through a literature review of primary, secondary, and tertiary legal materials. The results show that Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA) has provided a legal protection framework through age limitations on criminal responsibility, special juvenile justice mechanisms, mandatory diversion, and the ultimum remedium principle in sentencing. However, implementation in the field still faces obstacles, including law enforcement officers' limited understanding of restorative justice, the criminalization of children, excessive pretrial detention, and limited facilities to support diversion. This study formulates that an ideal restorative justice-based legal protection model comprises four main elements: strengthening participatory diversion, a multidisciplinary approach that considers legal, psychological, social, and educational aspects, the enforcement of non-discrimination principles and the elimination of stigma, as well as sustainable collaboration among law enforcement officers, families, educational institutions, social institutions, and the community. This model is expected to position the Juvenile Criminal Justice System not merely as a repressive instrument, but as a means of guidance and protection for children's futures.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...